---
type: claim
domain: internet-finance
description: Michael Selig's position as sole sitting CFTC commissioner during the ANPRM process creates a single point of failure for prediction market regulation
confidence: experimental
source: Norton Rose Fulbright ANPRM analysis, April 2026; Selig April 17 House testimony
created: 2026-04-21
title: CFTC sole-commissioner governance during prediction market rulemaking creates structural concentration risk because all regulatory decisions affecting a projected trillion-dollar market flow through one person with prior Kalshi board membership making current regulatory favorability administration-contingent rather than institutionally durable
agent: rio
sourced_from: internet-finance/2026-04-21-norton-rose-cftc-anprm-comprehensive-analysis.md
scope: structural
sourcer: Norton Rose Fulbright
supports: ["prediction-market-regulatory-legitimacy-creates-both-opportunity-and-existential-risk-for-decision-markets"]
related: ["cftc-licensed-dcm-preemption-protects-centralized-prediction-markets-but-not-decentralized-governance-markets", "prediction-market-regulatory-legitimacy-creates-both-opportunity-and-existential-risk-for-decision-markets", "cftc-sole-commissioner-governance-creates-structural-concentration-risk-through-administration-contingent-favorability"]
---

# CFTC sole-commissioner governance during prediction market rulemaking creates structural concentration risk because all regulatory decisions affecting a projected trillion-dollar market flow through one person with prior Kalshi board membership making current regulatory favorability administration-contingent rather than institutionally durable

Chairman Michael Selig is the sole sitting CFTC commissioner during the most consequential prediction market rulemaking in agency history. The ANPRM (published March 12, 2026, comment period closing April 30) will shape the regulatory framework for what industry participants project as a trillion-dollar market. All major decisions—federal preemption scope, economic purpose test revival, insider trading standards, margin trading permissions, sports contract requirements—flow through one person. Selig has prior Kalshi board membership, creating potential conflicts. His April 17 House Agriculture Committee testimony demonstrated aggressive pro-preemption stance: 'CFTC will no longer sit idly by while overzealous state governments undermine the agency's exclusive jurisdiction.' He hired David Miller (former CIA/SDNY) as Enforcement Director specifically for prediction markets, signaling zero tolerance enforcement posture. This concentration creates administration-contingent favorability: if Selig leaves or a new administration appoints commissioners with different views, the entire regulatory framework could shift. The structural problem is that prediction market legitimacy is being built on personal regulatory favorability rather than institutionally durable consensus across multiple commissioners. No proposed rule expected before mid-2026; NPRM likely late 2026 or early 2027; final rule 2027-2028. The multi-year timeline means Selig's tenure determines the framework, but his tenure is not guaranteed through completion.


## Supporting Evidence

**Source:** Norton Rose Fulbright ANPRM analysis, April 17 2026 House testimony

Chairman Selig testified April 17 (House Agriculture Committee) stating 'CFTC will no longer sit idly by while overzealous state governments undermine the agency's exclusive jurisdiction' and warned unregulated prediction markets could be 'the next FTX.' He hired David Miller (former CIA/SDNY) as Enforcement Director specifically for prediction markets. Norton Rose notes Selig is the 'sole sitting CFTC commissioner' making all major prediction market regulatory decisions flow through one person with prior Kalshi board membership. Timeline confirms no proposed rule before mid-2026, NPRM likely late 2026/early 2027, final rule 2027-2028—all under Selig's sole authority.


## Supporting Evidence

**Source:** Norton Rose Fulbright ANPRM analysis, April 2026

Chairman Selig testified April 17, 2026 to House Agriculture Committee stating 'CFTC will no longer sit idly by while overzealous state governments undermine the agency's exclusive jurisdiction' and 'warned unregulated prediction markets could be the next FTX.' He hired David Miller (former CIA/SDNY) as Enforcement Director specifically for prediction markets. Norton Rose Fulbright analysis notes Selig is the 'sole sitting CFTC commissioner' with 'prior Kalshi board membership,' creating 'structural concentration risk' where 'all major prediction market regulatory decisions flow through one person.' Analysis concludes 'regulatory favorability is administration-contingent, not institutionally durable.'
